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The targeting of facilities is taking place. this is precisely the kind of notice that you need to demonstrate command responsibilities because it's rare that you get a direct order to commit a war crime. but that's not the only way to command responsibility for war crimes. if you show commanders were aware of abuses and didn't take steps to stop them, then they too are guilty war crimes. >> so on that note, ken, joe biden has repeatedly referred to vladimir putin as a war criminal. in your view, does the president of russia bear legal command responsibility for these alleged war crimes in ukr...

Notice to the chain of command that these low-scale atrocities on the ground are taking place. they already are on notice that the indiscriminate bombardment, the targeting of facilities is taking place. this is precisely the kind of notice that you need to demonstrate command responsibility, because it's rare that you get a direct order to commit a war crime. but that's not the only way to command responsibility for war crimes. if you show commanders were aware of abuses and didn't take steps to stop them, then they too are guilty of war crimes. >> so on that note, ken, joe biden has repeated...

Crimes be prosecuted. the simple answer to that is at the international criminal court. in this case, ukraine is giving the court jurisdiction. that means any crime committed in the territory of ukraine, even by russia, which is not a party to the court, but if that crime is committed within ukraine, the court has jurisdiction. it has jurisdiction to prosecute not simply say the low-level soldier who might have executed someone. the court's real interest is the commanders. and in order to demonstrate command responsibility, that's what the criminal concept is called, you have to show either th...

The precedent for holding political leaders responsible was established in 1945. this was the founding moment of international criminal law and the new concept of the crime of aggression of acquired legal force. including crimes against humanity. during the war in former yugoslavia, that concept was involved again with the setting up of the special war crimes tribunal in the hague. it took many years but in the end, prominent military and political leaders were brought to justice. this is the bosnian leader and knowing things he killed with his own hands but he was convicted of commissioning t...

Consuming investigations and meticulous note taking and fact-finding that will have to be done in order to make this something and it will be, in an international criminal court. and they have to prove command responsibility and how and what was ordered in terms of what happened on the ground. and they have to prove that the soldiers, those who committed these crimes, never took due care to spare civilians. there are many aspects to go into forming this kind of legal prosecution for those kind of crimes and i'm here in kharkiv, the second city in ukraine. it is only about 40 miles from the rus...